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New York Personal Injury Law Blog

Don’t accept less than you deserve after a car accident injury

When you suffer an injury in a car accident, you may think that it's time for the insurance companies to step in and do their jobs so you can get on with your recovery. Theoretically, this is true, but it is often not how things play out in the real world.

While insurance companies do offer an important service to drivers and anyone a driver may strike, they are companies, not non-profit organizations or corporate parents ready to write a check and make everything ok.

Accidents involving large trucks and buses

Some New Yorkers may have been involved in one of the 4,311 fatal accidents nationwide in 2015 that involved buses or large trucks. While the number was up 8 percent from the previous year, it is still not as high as the peak of more than 5,200 in 2005. Between 2005 and 2009, the numbers went down, but from 2009 to 2015, they increased again.

Crashes involving injuries followed a similar pattern as they decreased to 60,000 in 2009 from 89,000 in 2005. From 2009 to 2015, the numbers increased again. Regarding bus involvement in fatal accidents, school buses were involved in 41 percent. Around one-third were transit buses, and another 13 percent were inner city buses.

Better economy increases driver death rate

New York drivers might have noticed increased traffic on the road. This might be tied to the stronger economy since this improvement leads people to get behind the wheel more often, and they sometimes take risks when doing so.

According to the Insurance Institute for Highway Safety, the rate for driver deaths has increased as the economy has gotten stronger, and it is expected to only decrease slightly in the future. While many might believe that the higher rate is due to more people driving due to more people being employed, the daily work commute has not made such a major impact on the rate. Instead, experts believe that the rate has continued to increase, despite safety improvements being made to vehicles, because of people taking more vacations or going out at night more than when the economy was weaker.

New York City may require more construction safety training

Despite several state-specific laws that seek to increase safety for construction workers, New York City still suffers from regular injuries and fatalities brought on by construction site accidents.

While some parties contend that construction entails a certain amount of unavoidable risk to workers, others are apparently not satisfied by this line of reasoning — allegedly including mayor Bill De Blasio. According to a recent report, the mayor takes construction fatalities in the city personally and may even yell at his office whenever he hears of a new worksite death.

The dangers of trampolines

Some New York parents may be unaware that a number of children younger than 16 are injured on trampolines each year. According to one study, between 2002 and 2011, playing on trampolines resulted in more than 288,000 fractures. The total cost in emergency room visits as a result of trampoline-related injuries was estimated to be around $1 billion.

The American Academy of Pediatrics reports that trampoline injuries include fractured legs, ankles, wrists, forearms and elbows along with injuries to soft tissue, bruises and sprains. Children also may suffer head and neck injuries.

Study reveals high degree of driver rage

Many New York drivers have likely experienced some sort of road rage incident, either as perpetrators or victims. The stress of everyday life, the increasing amount of traffic and the perception that others are driving inconsiderately all contribute to the increasing amount of this type of behavior.

A 2016 study from the AAA Foundation for Traffic Safety found that almost 80 percent of drivers had felt anger, aggression or acted out in a fit of road rage within the previous 12 months. Some of the aggression and rage was serious enough to result in motor vehicle accidents. According to the study, some of the expressions of anger and road rage have minor consequences, such as 45 percent of drivers honking to express their anger and 47 percent yelling at another driver. However, some of the expressions are actually much more serious. Slightly more than half of drivers admitted to tailgating another driver on purpose, 24 percent said they had attempted to block another driver from changing lanes, and 3 percent had bumped another vehicle on purpose.

How to stay safe on a bulldozer

A bulldozer is a large and powerful machine that cause serious injury or death if used improperly. Therefore, those who operate these machines on New York job sites should be trained in how to use them in a safe manner. Operators should wear a seat belt at all times and should shut off the engine whenever stopping to refuel.

If a sign or barricade cannot control traffic, a flag operator must be assigned. When driving a bulldozer, it is important to keep them away from overhead power lines or water mains. Machines should be inspected before every shift to ensure proper fluid levels and to ensure critical components such as brakes and turn signals work properly. There should never be more than one person in a bulldozer at any given time.

5 things to know about your hard hat

One of the first things you do when you set foot on a construction site is to put on your hard hat. You know it is a safety requirement to wear one at all times. Your hard hat can make a major difference if you hit your head on a stationary object or if you happen to suffer a hit from a falling object.

However, do you really know everything you need to in order to keep your hard hat in top condition and the proper way to wear it to ensure sufficient protection?

FMCSA establishes ruling for truck drivers applying for CDLs

On June 5, a ruling that sets training standards for all new truck drivers in New York and across the country effectively became law after the Trump Administration ordered regulatory reviews that delayed it for five months. The ruling gives trainers, carriers and additional stakeholders until February 2020 to act in accordance to the law.

The rule applies to all commercial drivers license applicants who obtain their CDLs on or after Feb. 7, 2020. Besides requiring driver trainees and CDL applicants to be instructed from a core curriculum, the rule includes mandatory behind-the-wheel training and requires a registry of driver trainers certified by the Federal Motor Carrier Safety Administration who will teach CDL applicants. In order to be FMCSA-certified so that they can be on the registry's rolls, trainers and carriers are obligated to meet particular criteria.

Asserting your rights to safety on a construction site

Working on a construction site in New York means constantly dealing with potential danger. Although New York maintains relatively strict guidelines for construction safety, especially when it comes to scaffolding, construction is a dangerous business.

No matter what position you hold on a construction crew, you deserve to enjoy every reasonable safety precaution. If you work on a construction site or for a company that you believe does not adhere to proper safety guidelines, do not feel afraid or embarrassed to voice your concerns.

  • $2.05 Million Settlement Mother of Two Struck and Killed by Motorist

    StolzenbergCortelli LLP recently resolved a heart breaking wrongful death action. The mother of two was struck and killed, while she crossed a roadway.

  • $1.1 Million Settlement StolzenbergCortelli LLP Settles Trip Over Nail Case

    Terrence and Howard settled a trip and fall case for $1,100,000. In this case, our client (a resident of Brooklyn) was a cleaning lady who was hired to clean the newsroom of the Wall Street Journal.

  • $750,000 Verdict Jane and John Doe v. Defendant Driver

    The names are redacted for privacy reasons. In this automobile accident case, the female plaintiff was injured and suffered seriously debilitating injuries.

  • $525,000 Settlement Injured When the Trailer upon which He was Standing Collapsed

    Our client was a teamster, working at a concrete plant in Westchester, when he was seriously injured. At the time, he was standing on a trailer, which is colloquially known as a "low boy", when the wooden slats upon which he was standing, collapsed.

  • $457,500 Settlement Car Accident Victim With Pre-Existing Neck Injury

    Settled a client's case for $457,500. The client suffered a significant cervical spine injury requiring a fusion surgery.He was t-boned by a car exiting Purdy's farmer and the Fish in Somers, New York.

  • $450,000 Settlement StolzenbergCortelli LLP Settles Construction Accident Case

    Howard Stolzenberg settled a case for $450,000 where a construction worker was forced to use an exterior fire escape ladder to access the top of the building all while carrying a one gallon bucket of paint. The worker fell and fractured his ankle.

  • $100,000 Settlement Teenager Hit From Behind

    We just settled a case for a young girl who was injured when she was struck from behind while waiting at a red light at an intersection near the entrance to the Saw Mill in Yonkers. She had hip and shoulder surgery.

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